Divorce or cessation of cohabitation and his relevancy on the testamentary disposition in favour of the spouse or couple in fact

Abstract

The will may institute an inheritor or legacy to his or her spouse or couple in fact subsequent to the granting of a will may result in the annulment, separation or divorce or the separation of the couple in fact without revoking the will. Recently the judgments of The Supreme Court of 26 and 28 september 2018 have resulted in a change of jurisprudence to the effect that the testamentary provision in favour of ex spouse or couple in fact is ineffective, on the basis of the existence of a false cause under article 767 of the Civil Code. The present study is going to centre on the analysis of the problem from the nullity, separation or divorce or the cessation of cohabitation after to give of will without having revoked the will establishing an inheritor or legacy to the spouse or couple in fact and continuing at the commencement of the succession, as substantiated in the doctrine and jurisprudence, with particular attention to the change in the jurisprudence of The Supreme Court in the judgments.